WHAT IF THE FACTS WERE DIFFERENT? 1. What if Kristy and Judy were visiting face to face and Kristy made the offer to sell her property to Judy. Dave overheard and chimed in, "I'll buy it!" before Judy could reply. Does Dave have a contract? 2. A valid offer requires communication. Was Kristy's offer communicated to Dave? 3. Why wouldn’t Dave have a contract?